CJI BR Gavai encourages use to technology to make justice accessible for all

132

Chief Justice of India Bhushan R Gavai has stressed on incorporating new-age technologies in the Indian justice delivery system, to make justice accessible to every citizen of the country, regardless of language, geography, income or digital literacy.

Delivering the keynote address on Role of Technology in the Indian Legal System, organised by the School of Oriental and African Studies (SOAS), University of London, the CJI said as the country embarked on the journey towards modernisation of the Indian legal system, the integration of technology must follow a people-centric approach, should remain deeply rooted in constitutional values, and guided by ethical clarity.

When anchored in constitutionalism and empathy, technology had the power to transform access to justice from an abstract ideal into a lived and shared reality.

The emphasis must always be on using technology to enhance trust and transparency, never to replace the
human conscience at the heart of justice, he noted.

Noting that access to justice was not solely the responsibility of the judiciary, but a shared national commitment, the CJI encouraged the civil society, legal aid institutions, governments and law schools, to work in unison to develop and promote technological models that were transparent, accessible, and inclusive.

The CJI said the India’s legal system was among the largest and most complex in the world. It was also deeply unique in how the Constitution empowered its citizens. While Article 32 of the Indian Constitution guaranteed the right to approach the Supreme Court directly for the enforcement of fundamental rights, Article 226 empowered High Courts with a wide range of jurisdiction. District courts are the courts of first instance on many aspects.

Every day, thousands of cases were filed across courts in India, ranging from district courts to the Supreme Court. Managing such a voluminous docket presented substantial challenges,
particularly in ensuring timely and equitable justice delivery, he added.

He said the e-Courts project, launched in the early 2000s under the leadership of the judiciary, laid the foundation for digitising routine processes such as filing, listing, and accessing case status.
The digital initiative was designed not only to improve court efficiency but also to make courts more accessible to the common citizen.

The transformative potential of technology became even more evident during the Covid-19 pandemic. As physical courtrooms were shut down due to lockdowns and health restrictions, Indian courts quickly transitioned to virtual hearings. This was a watershed moment in the history of judicial functioning, he noted.

The Supreme Court, High Courts, and district courts adopted video conferencing and e-filing systems to ensure the continuity of justice. According to the eCommittee of the Supreme Court, over 5.5 million cases were heard through video conferencing in 2020 alone, an achievement that placed India among the global leaders in digital court operations.

Noting that hybrid hearings have become a permanent fixture in many courts, the CJI revealed that litigants and lawyers could appear before the court from different corners of the country without needing to travel long distances. This has significantly reduced costs and improved efficiency, while also democratising access.

Lawyers and litigants who earlier found it difficult to approach higher courts due to geographical or financial constraints are
now able to participate more effectively in the justice system, he pointed out.

The CJI further pointed out the significant concern of digital divide brought about by the rapid digital transformation. Despite the tremendous progress, many litigants, especially from rural areas, marginalised communities, and among women, face barriers to accessing digital platforms, he noted.

He mentioned the 2023 survey conducted by the Indigenous Navigator Community and the Women and Gender Research Centre, which found that over 65 percent of tribal communities in Jharkhand, one of the states having a significant tribal population, had no access to legal aid. While 88 percent tribals reported the absence of culturally or linguistically appropriate education in public systems, 77 percent revealed the lack of tribal language content on state-run platforms.

These findings highlighted the persistent disparities that must be addressed to ensure that technology did not inadvertently reinforce existing inequalities. While technology could be a great leveller, its benefits must be inclusive and equitable. Without proactive planning and targeted interventions, it may create a two-tier system, one for the digitally connected, and another for those left behind, said CJI Gavai.

Speaking about the Supreme Court of India’s decision to translate its judgments into regional languages, he said the initiative was one of the most commendable strides in recent years.
Language, often an invisible barrier, significantly impacted access to justice in a linguistically diverse country like India. To address this, the Apex Court launched the Supreme Court Vidhik Anuvaad Software (SUVAS), an AI-driven translation tool to convert judgments from English into various Indian
languages. The initiative made judicial decisions comprehensible to a much broader population, inspiring High Courts to follow suit.

CJI Gavai, however, also cautioned against the side effects of technological advancements, such as emergence of Artificial Intelligence (AI) tools in judicial
processes from case management to legal research, document translation, and even predictive analytics.

He mentioned the ongoing debates across the globe regarding the ethical use of AI in legal systems, highlighting the concerns over misinformation, algorithmic bias, data manipulation, and breaches of confidentiality. Sensitive information, such as the identity of a victim of crime, must never be disclosed due to AI error or the absence of clear protocols. Additionally, few recent cases have shown that AI tools can generate fabricated citations or biased suggestions if not properly regulated and monitored.

While welcoming innovations like automated cause lists, digital kiosks, and virtual assistants, it was important to ensure that human oversight, ethical guidelines, and robust training were integral to their implementation.

He revealed that in the very first week after assuming office of the Chief Justice of India, he initiated a discussion with the Centre for Research and Planning of the Supreme Court to prepare a comprehensive note on the ethical use of artificial intelligence and emerging technologies in the judiciary.

Noting that the value of discretion,
empathy, and judicial interpretation was irreplaceable, the CJI said the emphasis must always be on using technology to enhance trust and transparency, never to replace the human conscience at the heart of justice.

While applauding the role of technology in modernising and strengthening the Indian legal system, the CJI said it must complement and not replace the human mind in judicial decision-making.

CJI Gavai concluded by saying that the Indian judiciary was well-positioned to develop homegrown ethical frameworks tailored to its constitutional and societal realities. The country possessed the technological expertise, judicial foresight, and the democratic mandate to build systems that reflected its values of equality, dignity, and justice.